Misconceptions About Personal Injury Claims in New York 92784
Personal injury law is surrounded by myths that may discourage injured people from pursuing the financial recovery they have a right to. Let us address some of false assumptions — and the reality underneath each one.
**False: "If the violent crime defense Saratoga accident was partly my fault, I can't recover anything."**
This is a particularly harmful myths. New York uses a modified comparative negligence rule. That means is recovery is possible even if you are found partly at fault. Your award is reduced by your percentage of responsibility — but it is not eliminated.
**Misconception: "I can handle this myself — the insurance company will treat me fairly."**
Adjusters are corporations focused on minimizing what they pay out. Their first number is frequently lower than the actual cost of your injuries. An experienced personal injury attorney knows the true value of your claim — including ongoing treatment expenses experienced Saratoga Springs lawyers and non-economic damages that insurance companies typically ignore.
**False: "Personal injury lawsuits take years."**
It is true that complex matters do take extended time, a significant number of personal injury disputes in New York settle within months. How long your case takes is shaped by the nature of the accident, how cooperative the other side in resolving the claim, and if litigation is unavoidable.
**Misconception: "It has been too long since my injury — I cannot do Saratoga law firm anything."**
The legal window for the majority of personal injury lawsuits in New York is three years. But, certain situations that can extend that window — for example cases involving public agencies, which demand filing notice in just 90 days. If you are not certain whether your deadline has passed, speak with a personal injury lawyer as soon as possible.
**Myth: "Filing a lawsuit makes me a bad person."**
Filing a claim for harm resulting from someone else's irresponsible actions is exactly what the legal system was designed for — not a moral failing. Hospital costs, missed income, and ongoing pain impose genuine economic consequences. Holding the responsible party responsible is how civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, clients receive straightforward counsel from the initial consultation. No false promises — just a realistic picture of your case and a strategy for pursuing the best possible outcome.
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